579.020. Delivery of a controlled substance — penalties. — 1. A person commits the offense of delivery of a controlled substance if, except as authorized in this chapter or chapter 195, he or she:
(1) Knowingly distributes or delivers a controlled substance;
(2) Attempts to distribute or deliver a controlled substance;
(3) Knowingly possesses a controlled substance with the intent to distribute or deliver any amount of a controlled substance; or
(4) Knowingly permits a minor to purchase or transport illegally obtained controlled substances.
2. Except when the controlled substance is thirty-five grams or less of marijuana or synthetic cannabinoid or as otherwise provided under subsection 5 of this section, the offense of delivery of a controlled substance is a class C felony.
3. Except as otherwise provided under subsection 4 of this section, the offense of delivery of thirty-five grams or less of marijuana or synthetic cannabinoid is a class E felony.
4. The offense of delivery of thirty-five grams or less of marijuana or synthetic cannabinoid to a person less than seventeen years of age who is at least two years younger than the defendant is a class C felony.
5. The offense of delivery of a controlled substance is a class B felony if:
(1) The delivery or distribution is any amount of a controlled substance except thirty-five grams or less of marijuana or synthetic cannabinoid, to a person less than seventeen years of age who is at least two years younger than the defendant; or
(2) The person knowingly permits a minor to purchase or transport illegally obtained controlled substances.
Notes of Decisions
State of Missouri v. Tommy R. Morris, 626 S.W.3d 326 (Mo. Ct. App. 2021).
· cites it 7× “011, RSMo, in that on or about April 17, 2018, in the County of Greene, State 2 of Missouri, [Victim] was killed during a car crash as a result of the immediate flight from the perpetration of the class C felony of attempted delivery of a controlled substance under Section…”
Finley v. United States, No. 4:20-cv-01889 (E.D. Mo. Dec. 15, 2022).
· cites it 5× “Finley was convicted under Mo. Rev. Stat. § 579.020 of two counts of delivery of a controlled substance in Case Number17SL-CR10492-01 for conduct occurring on May 30, 2017, and three counts of delivery of a controlled substance in Case Number 17SL-CR10493-01 for conduct…”
State of Missouri v. Matthew Jay Schurle, 641 S.W.3d 713 (Mo. Ct. App. 2021).
· cites it 3× “Following a jury trial in the Circuit Court of Nodaway County, Matthew Schurle was convicted of delivery of methamphetamine, in violation of § 579.020,1 possession of marijuana, in violation of § 579.”
State of Missouri v. Isaiah M. Lane, 701 S.W.3d 693 (Mo. Ct. App. 2024).
· cites it 3× “Defendant challenges the police officer’s stop and search of his vehicle that led to the charge of delivery of a controlled substance. We find the officer had reasonable suspicion to stop Defendant and investigate his involvement in a reported shooting.”
Pulliam v. Adams, No. 4:21-cv-00837 (E.D. Mo. Jan. 31, 2022).
· cites it 2× “In September 2019, a Dunklin County jury found Pulliam guilty of a separate state offense under Mo. Rev. Stat. § 579.020 , for distribution of a controlled substance.”
State of Missouri v. Robert A. Woolery, 687 S.W.3d 652 (Mo. 2024).
· cites it 2× “In his first two points, Woolery argues the circuit court plainly erred in failing to appoint counsel at his initial appearance because arraignments (Point I) and bail hearings (Point II) are critical stages requiring the presence of counsel. In his third point, Woolery argues…”
State of Missouri v. Hunter Harris, 658 S.W.3d 135 (Mo. Ct. App. 2022).
· cites it 2× “024; 2 in Count II, delivery of a controlled substance, in violation of section 579.020; in Count III, possession of a controlled substance, in violation of section 579.”
In the Interest of: T.L.L. v. Juv. Officer, 688 S.W.3d 615 (Mo. Ct. App. 2024).
· cites it 2× “committed what would be, if he were an adult, the class E felony of delivery of a controlled substance, section 579.020; and, the class D felony of stealing, section 570.”
Safeco Ins. Co. of Am. v. Yount, No. 4:19-cv-00890 (E.D. Mo. Nov. 3, 2020).
“§ 579.020 (1) (defining the criminal offense of “delivery of a controlled substance” as “[k]nowingly distribut[ing] .”
State of Missouri v. Robert A. Woolery, No. WD85530 (Mo. Ct. App. June 27, 2023).
“For his third point, Woolery asserts the court erred in failing to preserve a transcript or recording of his arraignment, thereby denying him meaningful appellate review of his right-to-counsel claim.”
Mo. Rev. Stat. § 579.020(4): 1 case
State of Missouri v. Matthew Jay Schurle, 641 S.W.3d 713 (Mo. Ct. App. 2021).
“Following a jury trial in the Circuit Court of Nodaway County, Matthew Schurle was convicted of delivery of methamphetamine, in violation of § 579.020,1 possession of marijuana, in violation of § 579.”
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